AXIS Capital, Inc. v. Augustyniak Insurance Group et al

Filing 54

ORDER granting 53 Motion to Withdraw Matthew W. Sparks as Attorney for Defendants Michael E. Augustyniak and Augustyniak Insurance Group, Inc. On or before August 8, 2013, Defendant Michael E. Augustyniak shall either: (a) obtain the services o f counsel and have that attorney file an appearance in this case; or (b) file a statement notifying the court of his intent to litigate this case without the assistance of counsel. Defendant Augustyniak Insurance Group, Inc., a corporation, cannot litigate its action in this forum without representation by licensed counsel. On or before August 8, 2013, Defendant Augustyniak Insurance Group, Inc. shall obtain the services of counsel and have that attorney file an appearance on its behalf, in the absence of which the court may file an entry and/or judgment of default against it without further notice. Matthew W. Sparks shall promptly mail a copy of this order to Defendants Michael E. Augustyniak and Augustyniak Insurance Group, Inc., and file a certificate of service stating the date and the manner of service, and the name and address served. Ordered by Magistrate Judge Cheryl R. Zwart. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
AXIS CAPITAL, INC.,
Plaintiff,

8:12CV224

vs.
MEMORANDUM AND ORDER
AUGUSTYNIAK INSURANCE GROUP,
INC., and MICHAEL E. AUGUSTYNIAK,
Defendants.
IT IS ORDERED:
1)

The motion to withdraw filed by Attorney Matthew W. Sparks, as counsel of record
for Defendants Michael E. Augustyniak and Augustyniak Insurance Group, Inc. (filing
no. 53), is granted.

2)

On or before August 8, 2013, Defendant Michael E. Augustyniak shall either: (a)
obtain the services of counsel and have that attorney file an appearance in this case; or
(b) file a statement notifying the court of his intent to litigate this case without the
assistance of counsel. The failure to do so may result in an entry of default and/or
default judgment against Defendant Michael E. Augustyniak without further notice.

3)

Defendant Augustyniak Insurance Group, Inc., a corporation, cannot litigate its action
in this forum without representation by licensed counsel. Knoefler v. United Bank of
Bismarck, 20 F.3d 347, 347-48 (8th Cir. 1994). On or before August 8, 2013,
Defendant Augustyniak Insurance Group, Inc. shall obtain the services of counsel and
have that attorney file an appearance on its behalf, in the absence of which the court
may file an entry and/or judgment of default against it without further notice.

4)

Matthew W. Sparks shall promptly mail a copy of this order to Defendants Michael E.
Augustyniak and Augustyniak Insurance Group, Inc., and file a certificate of service
stating the date and the manner of service, and the name and address served.
July 18, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge